20081203 Approved PC Minutes

Draft Accomack County Planning Commission Minutes of December 3, 2008
Virginia: At a meeting of the Accomack County Planning Commission held on the 3rd day
of December, 2008, in the cafeteria of Metompkin Elementary School in Parksley, Virginia:
1. CALL TO ORDER:
A. MEMBERS PRESENT AND ABSENT
Members Present:
Mr. E. Phillip Hickman, Chairman
Ms. Stella Rohde, Vice Chair
Mr. William Fallon
Mr. C. Robert Hickman
Ms. Tammy James
Mr. Robert L. Nock
Mr. Herb Thom
Mr. E. Bryan Turner
Members Absent:
Mr. Leander Roberts, Jr.
Others Present:
Mr. James M. McGowan, Director of Planning
Ms. Tonya Taylor, Administrative Assistant
B. DETERMINATION OF QUORUM
There being a quorum, Chairman Hickman called the meeting to order at 7:05 p.m. The
Commissioners agreed to follow the Agenda.
2. PUBLIC COMMENT PERIOD ( Not a Public Hearing):
Chairman Hickman opened the floor for the Public Comment Period.
A number of citizens spoke in regards to the Chesapeake/Atlantic Preservation Overlay
District.
1. Ms. Eileen Kirkwood- expressed her opinion on the implementation of the Bay
Act on the seaside. She feels that the county should do a little more research
before implementing this act.
2. Ms. Audrey Leonard- She would like to see the Planning Commission take their
time and make a decision that will suit everyone.
3. Mr. Mark Baumgartner- Attorney representing Captain’s Cove clients. Would
like to work with Mr. McGowan and Mr. Taylor to come up with a solution that
will be better suited for the Seaside.
1
Draft Accomack County Planning Commission Minutes of December 3, 2008
4. Mr. Mark Inman-Attorney representing Captain’s Cove clients. He agrees with
Mr. Baumgartner.
5. Mr. Lance Stitcher- representing Captain’s Cove. He would like to see an
addition of an IDA(Intense Developed Area) to the Bay Act .
6. Billy Graham- Feels that the public should be educated about the Bay act.
7. George Finlayson- He feels that Captain’s Cove is not polluting the Bay. The
other towns around Captain’s Cove are producing pollutants. Some properties
have sewage and water capabilities.
8. Toni Trepanier- She thinks that the Planning Commission should take their time
with this ordinance. It is not an emergency need right now.
3. 7:30 PUBLIC HEARING:
A. Capital Improvement Program: Mr. Mike Mason, Director of Finance, presented a
PowerPoint presentation of the Capital Improvement Program to the Planning
Commission.
On a Motion by Mr. Thom, and Seconded by Mr. Fallon, the Planning
Commission made a recommendation of approving the Draft FY 2010 Accomack
County Capital Improvement Program (CIP).
4. REZONING APPLICATION REVIEW:
A. Drake’s Landing: Mr. McGowan presented the staff report . This application was
submitted to rezone Tax Parcel 69-A-82B, approximately 12.18 acres, on the west
side of Route 13 south of Route 680, Berry Road in Gargatha, from Agricultural to
Residential to complete an unfinished subdivision.
Staff recommends approval for the following reasons:
1. The applicant has provided a proffer that the original site plan, dated
December 15, 2003, will be used to determine the lots.
2. The applicant has provided a proffer that will limit the development to single-
family homes, which will be consistent with adjacent development.
3. The applicant has provided a proffer that will keep the buffer adjacent to
Lankford Highway undeveloped.
4. The subject property is adequately served by fire and rescue units.
On a Motion by Ms. Rohde, Seconded by Mr. Thom, those present voted
to schedule a Public Hearing on Drake’s Landing for 7:30 PM on Wednesday,
January 7, 2009 at Metompkin Elementary School.
B. Drive-In Theater: Mr. McGowan, Director of Planning, presented the staff report to the
Planning Commission and explained the preliminary staff recommendations.
2
Draft Accomack County Planning Commission Minutes of December 3, 2008
Preliminary Staff Recommendations:
The proposed rezoning to General Business would allow the drive-in movie theater to
be renovated and reopened. Staff has met with the applicant and suggested he
prepare a site plan showing the proposed entrance road so it can be reviewed by
VDOT for traffic safety. Staff recommends that a Public Hearing not be scheduled
until the applicant submits a site plan showing the proposed entrance, including
access for the existing homes. Staff also suggests that the applicant review the
following proffer considerations to mitigate potential impacts:
1. Consider proffering a site plan that limits access to Dream Road at a location that
meets VDOT requirements.
2. Consider proffering a prohibition on showing adult movies.
3. Consider proffering limits on hours of operation, including all-night shows.
Mr. Brown was unable to attend the Planning Commission so this review will be
continued at another meeting date.
5. OLD BUSINESS:
A. Subdivision Agent Report: Mr. McGowan explained to the Planning Commission
that the monthly Subdivision Report is unavailable at this time.
B. Coal Kiln Convenience Center: On November 19, 2008, the Board of Supervisors
voted to confirm the Planning Commission’s decision to disapprove the location of the
Coal Kiln Convenience Center.
C. Konkel Rezoning: On November 19, 2008, the Board of Supervisors voted in favor
of the requested Konkel Rezoning.
D. Draft Rural Residential District Ordinance: Staff distributed copies of the
revised Draft Rural Residential District Ordinance for the Commission’s review.
E. Draft Route 13 Overlay District Ordinance and Map
Staff distributed copies of the Draft Route 13 Overlay District Ordinance and Map for the
Commission’s review.
F. Discussion of Draft Chesapeake/Atlantic Preservation Overlay District
The County Attorney and Director of Planning explained the draft text to address small
Seaside lots in the proposed Chesapeake /Atlantic Preservation Area Overlay District
Resource Protection Area (RPA). The proposed draft text would be located under
Section 106-388, Exemptions, to provide partial exemptions for vested intense seaward
development in RPAs. These exemptions would only apply in the Seaside watershed on
parcels with vested rights established prior to the ordinance amendment date.
3
Draft Accomack County Planning Commission Minutes of December 3, 2008
The Planning Commission discussed the proposed text. Commissioner Bob Hickman
suggested changing the text to provide a partial Seaside exemption to guarantee a
building envelope of 3,500 square feet outside the RPA.
On a Motion by Mr. Thom, Seconded by Mr. Turner to make a recommendation to
the Board of Supervisors to adopt the Chesapeake / Atlantic Preservation Area
Overlay District and Map amendment with the following revisions:
1. To exclude from the overlay district the federal lands of NASA Wallops
Flight Facility, Chincoteague National Wildlife Refuge, and Assateague
National Seashore.
2. To include the proposed Intensely Developed Area (IDA) text.
3. To provide a partial Seaside exemption to guarantee a building envelope of
3,500 square feet outside the Resource Protection Area (RPA).
Vote: Ayes: Rohde, Hickman, B. Hickman, Nock, Fallon, James, Thom, Turner
Nays: None
Absent: Roberts
G. Draft Village Residential District Ordinance: The Planning Commission
decided to continue review of the Draft Village Residential District Ordinance at the
next regular meeting.
6. NEW BUSINESS:
A. 2009 Planning Commission Meeting Schedule: Mr. McGowan presented the
FY2009 Planning Commission Meeting Schedule to the Planning Commission.
On a Motion by Mr. Bob Hickman, Seconded by Mr. James, those present voted
unanimously to approve the 2009 Planning Commission Meeting Schedule.
7. OTHER MATTERS:
No other matters were discussed.
8. MINUTES:
The following minutes were presented for the Commission’s review and approval:
A. Minutes of November 5, 2008
On a Motion by Ms. Rohde, Seconded by Mr. Thom, those present voted
unanimously to approve the minutes of November 5, 2008.
B. Minutes of November 17, 2008
4
Draft Accomack County Planning Commission Minutes of December 3, 2008
On a Motion by Mr. Rohde, Seconded by Mr. Thom, those present voted
unanimously to approve the minutes of November 17, 2008.
9. NEXT MEETING:
The next regular Planning Commission meeting is scheduled for 7:00 PM Wednesday,
January 07, 2009.
10. ADJOURNMENT:
On a Motion by Mr. Thom, Seconded by Ms. James, those present voted
unanimously to adjourn the meeting
Chairman Hickman adjourned the meeting at 9:15 pm.
Phillip Hickman, Chairman
Tonya Taylor, Administrative Assistant
5